1978/06/12 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES
June 12, 1978,
The Council of;the City of Rohnert Park met this date in regular
session commencing.at 7:.00 p.m. in the City offices, 6750 Commerce
Boulevard, Rohnert Park, with Mayor Hopkins presiding. The regular
session was preceded by. an executive session which commenced
at 7 :00 p.m. and at which all Councilmen and City Manager Callinan
were present and which was held.to.discuss personnel, litigation
and meet and confer matters.
ill to Order
Mayor Hopkins called the meeting of the regular session to order
at approximately 7:24 p.m. and led the pledge of allegiance.
X11 Call
Present: (5) Councilmen Beary, Carbone, Roberts, Stewart, Hopkins
Absent: (0) None
Staff present for all.or part of the meeting: City Manager
Callinan,-City Attorney Flitner, City Engineer Brust, Planning
Director Skanchy
?proval of Minutes
Upon motion of Councilman Carbone, seconded by Councilman Roberts,
and unanimously,approved, the minutes of May 22 and 30 were ap-
proved as submitted.
pproval of Bills
Upon motion of Councilman Roberts, seconded by Councilman Carbone,
and unanimously.approved, the bills presented per the attached
list in the amount of $578,309.60 were approved as submitted.
ddition of Non-
City, Manager Callinan requested that Itime be allotted under the
gendaed Items
City Manager's report section of the agenda to consider a resolu-
tion for the high school championship baseball team.
C O N S E N T C A L E N D A R
City Manager Callinan referred the Council to his memo dated
June 9,'1978 to the City Council for explanation of all the matters
on the'Consent Calendar.
, esolution No. 78 -76
RESOLUTION OF THE ROHNERT PARK CITY COUNCIL REJECTING THE CLAIM
OF BARBARA LOHSE
Zesoluti onNo. 78 -77
RESOLUTION OF THE CITY OF ROHNERT PARK EXTENDING THANKS AND APPRE-
CIATION TO THE PETALUMA HIGH SCHOOL DISTRICT AND SUPERINTENDENT
LESLY MEYER
Upon motion of Councilman Beary, seconded by Councilman Roberts,
and unanimously approved, reading of Resolution Nos. 78 -76 and
78 -77 was waived and said resolutions were adopted.
i °C •a: i °e a °a" SC° 'a °C :e ; °: +a • e: . °C ie 5 °e .• 9 °C °. °i ., iC : °a an ' + °: + °i iC n ee a °i : °e° +i
ilater Production
Costs/Rates Review
Ordinance No. 351
File No. 0590
Pacific Coast
Development, Applica-
tion-for General
Plan Amendment and
Rezoning
Page 2 "June 12, 1978
City Manager Callinan reviewed his June 9th memo to the City Council
concerning possible adjustment to the City's water rates.
..,Director of Public Works-/City Engineer Brust reviewed statements
of water production costs, f I or fiscal' year 1976-77 and the present
fiscal year I through Mar ch 31, 1978. 1 Discussion followed.
AN ORDINANCE OF THE CITY OF ROHNERT PARK'AMENDING THE ROHNERT
PARK MUNICIPAL CODE:, TITLE 15, BUILDING AND CONSTRUCTION CODES
City Manager Callinan, referring to his June 9th memo to the City
Council, explained the ordinance. Discussion followed between
C8u�ncii�members',� City Manager Callinan and'City Engineer Brust.
Upon motion of Councilman Carbone, seconded by Councilman Stewart,
and unanimously approved by a roll call vote, reading of ordinance
No. 351 was waived and said ordinance introduced.
City.Manager'Calliaan reviewed his June 9th memo to the City
Council regarding Pacific toast Development Corporation's applicatior
for a General Plan amendment and rezoning for a single family sub-
division in Neighborhood I'D" area. He informed that the Planning
Commission had recommended approval of the proposed subdivision,
reminded that an error had I been found in the mailing of the notices
of public hearing, therefore,, another ptiblic hearing had been sched-
uled and notices .re-m.ailed to the property owners in the area of
the, proposed development.. lie aiso commented on the recent survey
taken by the city of the. Neighborhood I'D" 'residents.
Planning Director Skanchy 4e,scribed 'the revised tentative map for
the proposed subdivision.
Mayor Hopkins opened the public hearing concerning Pacific Coast
Development Corporation's application for a,General Plan amendment
and rezoning (File No. 0590) for ll+ acres located northeast of
Santa Dorotea Circle and south of Dorotea Park.
City Manager Callinan City Manager Callinan left the�Council Chambers at approximately
Leaves and Returns I ' 7:40 p.m. and returned at approximately 7:43 p.m.
There being no one desiring to be heard, Mayor Hopkins closed the
public hearing.
Resolution No. 78-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING
AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN (File No.
0590, Pacific Coast Development Corporation)
City Manager Callinan explained the resolution.
Upon motion of Councilman Carbone, seconded by Councilman Roberts,
and-apptoved by the following voice vote, reading of Resolution
No.. 78-718 was waived and said resolution was adopted.
AYES: (4) Councilmen Carbone, Roberts, Stewart, Hopkins
NOES: (0) None
ABSTAIN: (1) Councilman Beary
Ann Dillon, resident of .Santa Alicia Apartments, was recognized
and informed that she had 2 sons and had laved in Rohnert Park
for the past five or six years but because of the possibility of
Santa Alicia Apartments being converted to condominiums she had
moved to a home in Santa Rosa. Mrs. Dillon generally commented on
her activities in the community and urged the Council to take into
consideration the rights of the people living in the apartment com-
plexes. She also informed that her moving costs were approximately
$2,000.
Page 3 June 12, 1973
dinance No. 352
AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TITLE 17 OF THE
ROHNERT PARK MUNICIPAL CODE (Zoning Map Change, A.P. No. 143-410 -
12, 14, 17)
City Manager Callinan explained the ordinance.
Upon motion of Councilman Carbone, seconded by Councilman Roberts,
and approved by the following roll call vote, reading of Ordinance
No. 352 was waived and said ordinance was introduced.
AYES: (4) Councilmen Carbone, Roberts; Stewart, Hopkins
NOES: (0) None
ABSTAIN: (1) Councilman Beary
No. 0606 -
City Manager Callinan reviewed his.June 9th memo to the City Council
.le
Lurice Abend,
concerning the Planning Commission's.approval of a tentative map
tntative Map, Sonoma
to convert Sonoma Villa Townhouse apartments to condominiums and
:lla Townhouse
its subsequent calling up for review by several members of the
>nversion to
City Council.
)ndominiums
Planning Director Skanchy described the site /development plan which
was displayed and reviewed his planning staff reports concerning
subject application. Discussion followed between City Council mem-
bers, City Manager Callinan and Planning Director Skanchy.
Mr. Phil Abend, representing the applicant, was recognized and com-
mented on the high tenant turnover rate of the apartment complex.
He agreed -to pay a.flat'$500 per unit moving fee, described proposed
improvements to the.structures and landscaping, and formation of
a homeowners association.
Discussion'followed between the applicant and City Council members,
with City Manager Callinan participating.
Mr. Jeff Martin, 101 Avram Avenue, No. 24, was recognized and
informed that he represented the tenants of the Sonoma Villa Town -
house. Mr. Martin requested that the City Council reverse the P1an-
ning Commission's approval allowing conversion of the apartment com-
plex to condominiums. He explained that the apartments were occupied
by individuals on low or moderate income, that no provision had
been made for a washer and /or dryer in individual living units,
and that the water system, parking facilities, open space and in-
sulation for sound proofing were all inadequate. He expressed that
not only would converting -the apartments to condominiums disrupt
54 families lives, but the approximate price of $40,000 was above
the means of most individuals and that the turnover rate was not
as bad as was described by the applicant.
Ann Dillon, resident of .Santa Alicia Apartments, was recognized
and informed that she had 2 sons and had laved in Rohnert Park
for the past five or six years but because of the possibility of
Santa Alicia Apartments being converted to condominiums she had
moved to a home in Santa Rosa. Mrs. Dillon generally commented on
her activities in the community and urged the Council to take into
consideration the rights of the people living in the apartment com-
plexes. She also informed that her moving costs were approximately
$2,000.
Page 4 June 13, 1978
Piro Mark :Rusconi,,101 Avram Avenue, No. 43, was recognized and in-
formed that two new tenants had not been informed about -the possibili
of the apartments being, converted to condominiums. He also explaine(
that he had utilized the services of a moving company to move from
a four bedroom home to a two bedroom apartment a and that he would
have to do the same if he were to move again.
Linda Colletti, -101 Avram Avenue, No. 16, was recognized and
informed that she and her daughter had resided at the Sonoma Villa
Apartments for three years. She offered to name 1 1/2 dozen people
who had lived in the apartment complex for approximately three years
some as long as five years.
Lora Perry, 101 Avram Avenue, No. 16, was recognized and expressed
her opinion that the primary purpose for converting the apartment
complex to condominiums would be the monitary benefit to the appli-
cant and that in general its conversion would be disruptive to 54
families /individuals. In conclusion she expressed that $40,000 was
too expensive for most individuals.
Bill Reynolds, 6800 Commerce Boulevard., Rohnert Park was recognized
and suggested that the Council remember that.the complex was built
for apartments, not condominiums and that apartment dwellers probabl`
couldn't afford to purchase homes, that if the development is con -
verted to condominiums that those individuals will have to move else-
where.
Bill Richards, 101 Avram Avenue, was recognized and informed that
he had lived in -the Sonoma Villa Townhouse for three years and was
surprised at the possibility of having to pay $40,000 for an apart-
ment that lie knew had structural defects. He informed that many
developments would not allow individuals with children and commeted
on the "staying" factor as compared to "transcient" individuals.
Mr. Richards informed that he couldn't afford to pay $40,000 for
a condominium.
Mr. Cleveland, 101 Avram Avenue, informed that he had lived in the
Sonoma Villa Townhouse for five years, that there are no fire escape:
from the second story and commented on the danger or same to elderly
persons. He also described various instances where emergency fire
alarms are ignored by the tenants because of the frequency and number
of false alarms that have been experienced.
Discussion followed between City Council members and City Manager
Callinan, with Mr. Abend participating.
Mr. Mark Moscone, 101 Avram Avenue, No. 43, was recognized and in-
formed that the rear walls of the apartment units were inadequate
in 'that they weren't sound proof.
Mr. Abend informed that sound board could be installed to mitigate
noise between units.
Discussion followed between City Council members, Mr. Abend and City
Attorney Flitner relating to conversion of the apartment structures
to condominium units.
Page 5 June 12, 1978
Councilman Stewart made a motion to reject the Planning Commission's
approval of Maurice Abend's tentative map to convert Sonoma Villa
Townhouse from apartments to condominiums and direct staff to draft
a policy requiring future applications for apartment structures in-
tended for conversion to condominiums to so so state at the time
of making application. Said motion died for lack of a second.
Councilman Roberts made a motion, which was seconded by Councilman
Beary, to take no'action "'ova the appeal and to request staff to draft
a policy regarding the`modification of "any apartment structures to
condominiums -pr �Vid iig't "Sat i, e `structures original design was appro-
pr ate in order to .make"�th'e conversion; Discussion followed.
Councilman Beary withdrew his second. Said motion died for lack
of, a':second.
Councilman Roberts made "a motion; which was seconded by Councilman
Carbone, approving the tentative map to convert Sonoma Villa Town -
house apartment complex to a condominium development subject to those
conditions recommended by the Planning Commission amended to include
the following;
I. That the residents receive a $750 credit towards the down
payment of purchasing one of the condominium units.
2'. That one '('l') years residency be guaranteed from the date
when oxie -half of the units are sold.
3. That new tenants be informed of the condominium conversion.
4.1 That the word t9maximum" be removed :from both the condition
relative to a $500 moving allowance for tenants and $300 city
incurred expenses fee.
Mr:'RaSimond Gilbert, attorney representing the applicant, was recog-
nized`and requested that,the Council amend its motion to provide
`that one years residency be 'guaranteed from the date when 51% of
the units are sold, not `one -half.
The Council agreed to amend its motion to provie 51% rather when
one -half of the units were sold.
Lora Perry was again recognized and requested that the Council con -
sider putting a c'iling'on the amount of rent'that could be charged
so that tenants wouldn't be forced' from their homes.
Mrs. Dillon was again recognized and requested clarification concern -
ing the amount' of "time ''ie:nants could r6side in the apartment complex
after the tentative `map "was filed and providing one years residency
as and when 510' o ` 'f th'e` units were" sold. ``Di" cussion followed.,
Per. Carl Mendlsor, was recognized, and'informed that $50,000 more
had been put into 'the apartment` complex than was collected in rents
this past year. He' suggested "that the one': years residency should
be extended to "long term tenants" of the Sonoma Villa Townhouse.
fleet and Confer
Matters
aeague of Calif.
pities Conference re.
Prop. 13
City Manager Callinan, referring to his June 9th memo to the City'
Council, informed that.the Memos of Understanding with the Rohnert
Park Peace Officers' Association and Sonoma,County Organization of
Public Employees would be scheduled for Council consideration on
its:.June 26th meeting agenda.
Discussion was initiated concerning the League of California Cities
July 7 -8 conference in Sacramento for "Maintaining Responsive Cities
under Proposition 13 ".
Upon'motion of Councilman Roberts, seconded by Councilman Carbone,
and unanimously approved, the City Council authorized any of its
members desiring to attend the League of California Cities July 7-
8 conference in Sacramento to so do.
Wage 6 June 12, 1978
Janet Laguen, 101 Avram Avenue, No. 35 was recognized and informed
that the upgrading of the apartments could be done without converting
the development into condominiums. She informed that the complex
was in worse shape today than it was one year ago when she moved
in®
At the request of Martin Moscone, Mayor,Hopkins explained the purpose
of requiring that 51v of the proposed condominiums be sold before
offering one years residency to the tenants.
Councilman Robert's motion was approved by the, following roll call
vote.
AYES ': (3) Councilmen Carbone, Roberts, Hopkins
NOES: ( 2) ' Councilmen Bleary and `Stewart
Growth Management
City Manager Callinan' reviewed his June 9th memo to the City Council
Program Allocations
concerning authorizing a transfer of 27 building permits during 1978
(Meadow Pines Sub.)
construction year from McKellar and Associates, Sonoma Racquet Club,
to Firestone Construction in order to complete Meadow Pines Subdivi-
Sion'No. 2. Discussion followed.
Councilman Beary indicated'he would abstain from voting because he
had done sub - contracting for Firestone Construction on occasion.
Upon-motion of Councilman Carbone, seconded by Councilman Stewart,
and approved by the following voice "vo'te, the City Council authorized
transferring 27 building permits allocated for 1978 to McKellar and
'"Associates for the Sonoma'Aacquet Club to Firestone Construction
Company'for Meadow Pines Subdivision.
AYES: (4) 'Councilmen Carbone, Roberts, Stewart, Hopkins
NOES: (0) None
ABSTAIN,: (1) 'Councilman Bleary
Recess
Mayor Hopkins declared a recess at this point in the meeting, the
time being approximately 9:15 p.m.
Reconvene
Mayor' Hopkins 'reconvened the meeting at ` approximately 9:30 p.m.
with all Councilmen, except.Councilman Beary present.
fleet and Confer
Matters
aeague of Calif.
pities Conference re.
Prop. 13
City Manager Callinan, referring to his June 9th memo to the City'
Council, informed that.the Memos of Understanding with the Rohnert
Park Peace Officers' Association and Sonoma,County Organization of
Public Employees would be scheduled for Council consideration on
its:.June 26th meeting agenda.
Discussion was initiated concerning the League of California Cities
July 7 -8 conference in Sacramento for "Maintaining Responsive Cities
under Proposition 13 ".
Upon'motion of Councilman Roberts, seconded by Councilman Carbone,
and unanimously approved, the City Council authorized any of its
members desiring to attend the League of California Cities July 7-
8 conference in Sacramento to so do.
Page 7 June 12, 1978
Le of City Parcel to City Manager Callinan reviewed his June.9th memo to the City Council
Zool District for concerning sale ',.of a city parcel on Southwest Boulevard, opposite
,ess to New School Camino Col eg';o,. to Cotati - Rohnert Park Elementary School District
for access to their proposed new elementary school. Discussion fol-
lowed.
Upon motion of Councilman Carbone, seconded by Councilman Roberts,
and unanimously approved, the City. Council authorized the sale of
A.P. No. 143_430 -12, to: the Cotati- Rohnert Park, Elementary School
District but directed the matter be referred to the Planning Commissiou
for its consideration pursuant to State law.
nmunications Communications per the attached outline were brought to the attention
of the City Council. No action was taken on any communications except
as specifically noted in these minutes.
ameda County City Attorney Flitner initiated a discussion concerning a.decision
Derior Court in Alameda County Superior Court penalizing former Albany City Council
2ision man Hubert Call $258,000. Discussion followed.
Upon motion of Councilman Carbone, seconded by Councilman Roberts,
and unanimously approved, the City Council directed that City Attorney
Flitner file an amicus brief regarding the aforementioned matter.
ty Manager's City Manager Callinan reviewed his June 9th memo concerning those
port items as listed under the "City Manager's Report" section of the
meeting's agenda.
ad Rohnert Annual City Manager Callinan apprised that he had written a letter to the
sidents Golf Tourney Rohnert Park Chamber of Commerce relative to its overseeing the Fred
Rohnert Annual Residents Golf Tournament.
nmerce Boulevard City Manager Callinan informed that staff was able to extract a
3ergrounding $20,000 deposit from Pacific Telephone and Telegraph Co. towards
the undergrounding existing overhead utilities on Commerce Boulevard
in the area of the new building being constructed by the telephone
company.
ampionship High City Manager Callinan initiated discussion concerning the championship
hool Baseball Team high school baseball team. Discussion followed.
acques
Upon motion of Councilman Roberts, seconded by Councilman Stewart,
and unanimously approved, the City Council authorized acquisition
of plaques for the championship high school baseball team.
solution No. 78 -79 RESOLUTION EXTENDING HEARTIEST CONGRATULATIONS TO THE 1978 RANCHO
COTATE HIGH SCHOOL BASEBALL TEAM
Upon motion of Councilman Roberts, seconded by Councilman Carbone,
and unanimously approved, reading of Resolution No. 78 -79 was waived
and said resolution was adopted.
RS Lawsuit City Attorney Flitner commented briefly concerning the class action
lawsuit filed against PERS and numerous cities.
Page 8
June 12, 1978